08-10462 Vacate Original TownsiteCL
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(Published in the Salina Journal on er 6, 2008)
ORDINANCE NUMBER 08-10462
AN ORDINANCE PROVIDING FOR THE VACATION OF THE TEN FOOT (10')'
ALLEY RUNNING NORTH AND SOUTH BETWEEN LOTS ONE HUNDRED SEVENTY
THREE (173) AND ONE HUNDRED SEVENTY FIVE (175) ON SEVENTH STREET AND
LOTS ONE HUNDRED SEVENTY FOUR (174) AND ONE HUNDRED SEVENTY SIX
(176) ON SANTA FE AVENUE IN THE ORIGINAL TOWNSITE OF SALINA, SALINE
COUNTY, KANSAS..
BE ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on August 25, 2008, the governing body conducted a public hearing on the
petition filed by Basil Privett on behalf of D.L. Rogers Corporation, ("Petitioner") requesting the
vacation of the ten foot (10') alley running north and south between Lots One Hundred Seventy
Three (173) and One Hundred Seventy Five (175) on Seventh Street and Lots One Hundred Seventy
Four (174) and One .Hundred Seventy Six (176) on Santa Fe Avenue in the Original Townsite of
Salina, Saline County, Kansas as depicted and described on the attached and incorporated Exhibit
"A"
that:
Section 2. That the governing body finds from the evidence presented at the public hearing
(a) Due and legal notice has been given by publication as required by law.
(b) No private rights will be injured or endangered by the vacation of the public alley.
(c) Injustice to the Petitioner the vacation of the public alley should be granted.
Section 3. That the ten foot (10') alley running north and south between Lots One Hundred
Seventy Three (173) and One Hundred Seventy Five (175) on Seventh Street and Lots One Hundred
Seventy Four (174) and One Hundred Seventy Six (176) on Santa Fe Avenue in the Original
Townsite of Salina, Saline County, Kansas is hereby vacated and said alley right-of-way shall revert
to the abutting property owner in accordance with K.S.A. 13-443 provided however that the
vacation of the above described alley right-of-way is subject to the following conditions:
1. The above described portion of the north -south alley shall be retained as a public utility
easement.
2. The property owner shall dedicate an additional ten foot (10') utility easement to
provide a full twenty (20') foot easement for the sewer line crossing the property.
Section 4. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
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Lieu Ann Elsey, CMC, C Clerk
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Introduced: August 25, 2008
Passed: September 29, 2008
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JohnVanier II, Mayor